Milimani Law Courts: Elijah Wachira SHA Case Withdrawn in Kenya

• The Milimani Law Courts withdrew a Sh17.5 million misappropriation case against former SHA boss Elijah Wachira and Robert Ingarisa on October 6, 2026.
• The withdrawal, under Section 87(a) of the Kenya Criminal Procedure Code, also ordered the release of their cash bail.
• Wachira's lawyers successfully argued to the DPP that some alleged transactions occurred after his departure from SHA on November 12, 2024.
• The defense cited Article 157(6)(c) of the Kenya Constitution and the 2019 Guidelines on the Decision to Charge in their request.
• The case continues against other co-accused individuals, including Arthur Otula and Rosemary Daraja.

The withdrawal of the Social Health Authority fraud charges against Elijah Wachira stemmed from a proactive challenge by his legal representatives, Manyonge Wanyama & Associates LLP.

The Milimani Law Courts in Kenya have formally withdrawn a misappropriation case involving Sh17.5 million against Elijah Wachira, the former head of the Social Health Authority (SHA), and his co-accused, Robert Ingarisa. Principal Magistrate Daisy Mutai issued the order for the withdrawal of charges on October 6, 2026, acting on an application made by the prosecution. This decision was made under the provisions of Section 87(a) of the Kenya Criminal Procedure Code.

As part of the court's directive, the cash bail that had been deposited by both Wachira and Ingarisa was ordered to be returned to their respective depositors. The two individuals had faced charges of jointly misappropriating a sum of Sh17,591,473, which was allegedly funds belonging to the Social Health Authority. These alleged fraudulent activities were said to have occurred at the SHA headquarters in Nairobi over a period spanning from October 2024 to May 20, 2025. The initial charges were brought under Section 48(2) of the Social Health Insurance Act, forming part of Nairobi Magistrates Court Criminal Case No. E559 of 2025, which also implicates Arthur Otula, Rosemary Daraja, and other accused persons.

The withdrawal of the Social Health Authority fraud charges against Elijah Wachira stemmed from a proactive challenge by his legal representatives, Manyonge Wanyama & Associates LLP. Wachira's lawyers had petitioned the Director of Public Prosecutions (DPP) to review the decision to charge their client, arguing that the factual timeline presented in the charge sheet was inconsistent with his employment record. They highlighted that Wachira had officially departed from the SHA on November 12, 2024.

Crucially, the defense pointed out that a significant portion of the alleged misappropriation, specifically transactions cited in the charge sheet, purportedly took place after his departure date, extending until May 20, 2025. To substantiate their claims, Wachira's legal team conducted an extensive review of 2,235 pages of documents provided by the investigating officer, asserting that this comprehensive examination yielded no adverse mention of their client. This detailed scrutiny formed the basis of their request for a DPP review decision to charge Kenya, emphasizing that Wachira should not be held criminally liable for actions alleged to have occurred post-employment.

The legal arguments presented by Wachira's counsel were grounded in significant constitutional and procedural guidelines. They specifically invoked Article 157(6)(c) of the Kenya Constitution, alongside the 2019 Guidelines on the Decision to Charge, to press for a re-evaluation of the prosecution's initial decision. The successful application for withdrawal, facilitated by the prosecution, underscores the importance of such reviews in ensuring fair legal processes. The Milimani Law Courts misappropriation case, while seeing charges against Elijah Wachira and Robert Ingarisa withdrawn, continues for other individuals.

The court's order on October 6, 2026, explicitly recorded the withdrawal of charges solely for Wachira and Ingarisa, and the subsequent release of their cash bail. This action, taken under Section 87(a) of the Kenya Criminal Procedure Code, does not, however, terminate the entire case. Proceedings against the remaining suspects, including Arthur Otula and Rosemary Daraja, are expected to continue, subject to further directions from the court. The allegations against these other accused persons remain undetermined by this specific withdrawal. The charges against Robert Ingarisa were also withdrawn as part of this process.

This development underscores the critical role of defense counsel in proactively challenging the prosecution's decision to charge, particularly when factual discrepancies exist regarding the timing of alleged offenses and an accused's involvement. It serves as a precedent for leveraging constitutional provisions and prosecutorial guidelines to secure withdrawal of charges before trial.

Source: Original reporting via Capital FM